{
  "url": "https://openlegislation.uk/disability-assistance-for-working-age-people-scotland-regulations-2022/regulation-29",
  "json_url": "https://openlegislation.uk/disability-assistance-for-working-age-people-scotland-regulations-2022/regulation-29.json",
  "legislation": "ssi/2022/54",
  "legislation_title": "The Disability Assistance for Working Age People (Scotland) Regulations 2022",
  "legislation_url": "https://openlegislation.uk/disability-assistance-for-working-age-people-scotland-regulations-2022",
  "path": "regulation/29",
  "kind": "regulation",
  "number": "29",
  "heading": "Exception: Hospices",
  "text": "(1) Regulations 27(2) and 28(2) do not apply where the individual is residing in a hospice and has a terminal illness.\n(2) In this regulation, “hospice” means a hospital or other institution whose primary function is to provide palliative care for persons resident there who are suffering from a progressive disease in its final stages, other than—\n(a) a health service hospital (within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978) in Scotland,\n(b) a health service hospital (within the meaning of section 275(1) of the National Health Service Act 2006) in England,\n(c) a hospital in Wales vested in—\n(i) an NHS trust,\n(ii) a Local Health Board, or\n(iii) the Welsh Ministers,\nfor the purpose of functions under the National Health Service (Wales) Act 2006,\n(ca) a hospital or similar institution under the Health and Personal Social Services (Northern Ireland) Order 1972 or the Health and Personal Social Services (Northern Ireland) Order 1991,\n(d) a hospital maintained or administered by the Defence Council, or\n(e) an institution similar to a hospital mentioned in any of the preceding sub-paragraphs.\n(3) In this regulation—\n“NHS trust” means a body established under section 18 of the National Health Service (Wales) Act 2006, and\n“Local Health Board” means a body established under section 11 of that Act.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 29(2)(ca) inserted (7.6.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(3), sch. para. 16(3)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 29 in force at 21.3.2022, see reg. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1978 c. 29. Section 108(1) was relevantly amended by paragraph 6(a) of schedule 6 of the Health Services Act 1980 (c. 53) and paragraph 19(22)(b) of schedule 9 of the National Health Service and Community Care Act 1990 (c. 19)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2006 c. 41. Section 275 was relevantly amended by paragraph 138(2)(b) of schedule 4(12) of the Health and Social Care Act 2012 (c. 7)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "2006 c. 42."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2022/54/regulation/29",
    "retrieved_at": "2026-10-28T20:51:22.394033+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}